EUZABETHAE 11 REGINAE

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92

ANNO DECIMO QUARTO

A.D. 1965

************~-***oI(-*~~*i~**~~*-l<-*·~·X-·X-**-l(··X·-x-*******-X-***-lC-**'***

No. 28 of 1965

An Act to amend the Juries Act, 1927.1937.

[Assented to 25th November, 1965.1 BE IT ENACTED by the Governor of the State of South

Australia~ with the advice and consent of the Parliament thereof, as follows:

ShorHltlel. 1. (1) This Act may be cited as the "Juries Act Amendment

Incorporatloo.

Commence- ment.

Amendment of principal Act.

•. 2 - Transi tional provision.

Act, 1965".

(2) The Juries Act, 1927-1937, as amended by this Act, may be cited as the ".Juries Act, 1927-1965".

(3) The Juries Act, 1927-1937, is hereinafter referred to as

"the principal Act" .

2. This Act is incorporated with th(' principal Act and that Act and this Act shall be read as one Act.

3. This Act shall come into operation on a day to be fixed by proclamation.

4. Section 2 of the principal Act jg amemled by strlking out subsection (2) thereof and inserting in lieu thereof the following subsedion : -

(2) Notwithstanding the amendments made hy the .Turies Act Amendment Aet. 19(j5, Ulltil the first annual jury lists have been prepared nndel' this Act as amended by that Act, every pane] of jurors required shall be

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1965. Juries Act Amendment Act, 1965 .

....:::....~--- No. 28.

prepared in the manner provided by this Act as in force immediately before the commencement of that Act, and this Act, as then in force, sllal] apply and have effect in relation to all matters incidental to or arising out of any such panel.

5. Subsection (1) of section 3 of the principal Act is amended-

(a) by striking out the definitions of "Legislative Council Subdistrict" and "Subdistrict" therein; and

(b) by striking out the definition of "subdistrict ro11"

therein and inserting in lieu thereof the following definitions : -

"subdivision" means suhdivision of any electoral district for the purpose of electing members of the House of Assembly:

"subdivision roll" means the electoral roll of House of Assembly electors for a subdivision prepared and kept as required by law.

6. Section 5 of the principal Act is amended-

(a) by striking out all the words after the words ':commencement of this Act" (first occurring) in subsection (1) thereof; and

(b) by striking out the words "Subject to the foregoing provisions of this section, after" in subsection (2) thereof and inserting in lieu thereof the word

"After" .

7. Section 6 of the principal Act is amended by striking out the word "men" therein and inserting in lieu thereof the word

"persons" .

8. Section 7 of the principal Act is amended by striking out the word "men" therein and inserting in lieu thereof the word

"persons" ;

9. Subsection (1) of section 9 of the principal Act is amended by striking out the words "Legislative Council"

therein.

10. Section 11 of the principal Act is amended-

93

A lIlendll,ent· of rrincipnl M·t.

B.3- J nterpretation.

Amendment of principal Act, s.5- Right to jury in civil inquest ••

Amendm~nt of principal Act, s.6- J·ury in civil inquests.

Amendment of principal Act., 8.7- JUry In criminal inquests.

Amendment of principal Act, s.9- Areas of j IIry districts.

Amendment of principal Act, 8.11-

(a) by striking out the words "man" and "Legislative Qualification of jurors.

Council" therein and inserting in lieu thereof the

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94

Amendment of principal Act"

s.12-- DisqualifIca- tions.

Bnactment of principal Act,

8. 14a-

Woman may cam,,'lor reinst.ate liability to serve.

Amendmpnt of principal Act ..•. 16- Power to discharge juror in case of urgency.

Amendment of principal Act, 8.20- Duty of Sherilt' to prep".e annual jury

1i~t·)

Juries Act Amendment Act, 1965. No. 28.

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words "person" and "House of Assembly"

respectively; and

(b) by inserting therein after paragraph (a) thereof the following paragraph:-

"(a1) who is of the age of twenty-five years or over; and".

11. Section 12 of the principal Act is amended hy striking out the word "man" therein and inserting in lieu thereof the

d " "

wor person.

12. The following section is inserted in the principal Act after section 14 thereof:-

1 <1a. (1) A woman who is qualified and liable to serve as a· juror may at any time, but subject to subsection (2) of this section, cancel her liability to serye as a juror by giving to the Sheriff notice in writing to that effect.

(2) A woman who has been summoned to serve at any inquest or inquests may, before the expiration of six days after service of the summons therefor, but not after- wards, by notice in wTiting to the Sheriff, cancel her liability to serve thereat.

(3) A woman who has cancelled her liability to serve as provided by subsection (1) of this section may, after the expiration of two years therefrom, again render herself liable to serve as a juror by giving to the Sheriff notice in writing for reinstatement of such liability.

(4) Upon receipt of a notice of cancellation or of reinstatement from a woman under subsection (1) or (3), as the case may be, of this section, the Sheriff shall forthwith make, sign and date tlie necessary alteration in the appro- priate jury list.

(5) Upon receipt of a notice of cancellation from a woman under subsection (2) of tbis section, tbe Sheriff shall fortbwith remove her name from the jury panel.

13. Section 16 of the principal Act is amended by inserting after the word "illbealth" tbe word "conscience".

14. Subsection (1) of section 20 of the principal Act is amended so as to read as follows : -

(1) The Sheriff shall during tbe month of December in each year prepare an annual jury list for each jury district in the manner hereinafter provided.

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Juries Act Amendment Act, I965.

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15. Section 22 of the principal Aet is amended hy striking out the words "subdistrict" and "subdiRtricts" therein and inserting in lieu thereof the wordR "subdivision" and "sub- d· . . " IV]SIOnS respec t' ,lye 1 y.

16. Subsection (2) of section 23 of the principal Act lA amflnded-

(a) by inserting therein after paragraph (c) thereof the following paragraph : -

(cl) The number of men in each quota shall as nearly as possible bear to the number of women in that quota the ratio which the number of men in the subdiviRion roll bears to the number of women in that roll.

(b) by striking out the word "men" in subparagraph I of paragraph (e) thereof and inserting in lieu thereof the word "persons" ;

(r) by inserting at the end of subparagraph I of paragraph (c) t1~crecf the T'~tl~!1g'" "(the number of m('n and women so included being in accordance with paragraph (cl) of this subsection)" ;

(d) by striking out the words "female electors or of" In

suhparagraph II of paragraph (e) thereof; and (e) by inserting after the word "subdivision" (last occurring)

in sub paragraph 11 of paragraph (e) thereof the passage ", including the required number of names of men and women,".

17. Section 24 of the principal Act is amended so as to read as follows :-

24. Every annual jury list shall come into force on the first day of January next after the preparation thereof.

95 Amendment of principal Act, s.22- Preparation of lists from Legislative Council RollI.

Amendment of principal Act, 8.23- Mode of ballot.

1.24-- Coming Into operation of lists.

18 S t · • ec IOn 32 f th 0 e prmClpa . , 1 At' C IS amen e d d b y s t 'k' 1'1 mg Amendment of principal Act,

out the words "equal to the number of jurors to whom ^s.32- . d d b ' d" h . d . . . Balloting for

summonses are mten e to e Issue t erem an msertmg m ^jurors.

lieu thereof the passage "required to make up the number of men and women to be summoned as jurors, so that as nearly as possible the number of men to be summoned bears to the number of women to be summoned the ratio which the number of men in the jury list bears to the number of women in that list provided that, whenever practicable, the Sheriff shall ensure that each panel shall contain not less than fourteen women".

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96

Amendment of principal Act, s.33- Entry on panel.

Amendment of prinCipal Act 8.36- Summoning Jurors.

Juries Act Amendment Act, 1965. No. 28.

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19. Section 33 of the principal Act is amended by inserting at the end thereof the following subsection (the preceding part of the section being designated as subsection (1) thereof):-

(2) Notwithstanding subsection (1) of this section, the names of a husband and wife shall not be included in the same panel.

20. Section 36 of the principal Act is amended 1;,Y inserting at the end thereof the following subsection (the preceding part of the section being designated as subsection (1) thereof) : -

(2) In the case of a summons issued to a woman, the summons shall set out at the end thereof the full text of sections 14a and 60b of this Act.

Amendment of 21. Section 37 of the principal Act is amended by striking

principal Act, 1

s.37- out the word "four" therein and inserting in ien thereof the

Time and mode cl " "

of service. wor seven.

Amendment 01

principal Act.

s.46- Balloting at trial.

Amendment of principal Act, s.48- Nmnes of jurors kept apart until verdict recorded or jury dis·

charged and then returned to box.

s.51- Certain members ora previous jury maybe retained and other new ones drawn to act with them.

Repeal and re·,mactment of principal Act, s. 55- Court may permit jury to separate.

22. Section 46 of the principal Act is amended by striking out the word "men" therein and inserting in lieu thereof the word "persons".

23. Section 48 of the principal Act is amended-

(a) by striking out the word "men" therein and inserting in lieu thereof the word "persons"; and

(b) by striking out tke word "jurymen" therein and inserting in lieu thereof the word "jurors".

24. Section 51 of the principal Act is amended by striking out the word "men" (wherever occurring) therein and inserting in lieu thereof in each case the word "persons".

25. Section 55 of the principal Act is repealed and re-enacted as follows : -

55. In any criminal inquest the Court may, if it thinks fit, at any time before the jury consider their verdict, permit them to separate.

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1965. Juries Act Amendment Act, 1965. No. 28 . ⁹⁷

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26. The following sections are inserted in Part VI of the :~~:~n.:c~f

principal Act after section 60 thereof :_ ~~~ ^and

60a. (1) If, at the trial of any issue, the Court is of ~~~s~of

opinion that, by reason of the nature of the evidence to men only.

be given or the issue to be tried-

(a) that the jury should consist of men only; or (b) that the jury shou1d consist of women only, the Court may, notwithstanding anything contained in this Part, order that the jury for the trial of that issue shall be empanelled accordingly.

(2) An order under subsection (1) of this section may be made upon application by one of the parties to the inquest or by the Court of its own motion.

60b. A woman summoned or empanelled as a juror, may, ^{Women may} b£ core ,e na th t ' l 0 f ' any Issue, app y 1 t 0 t e ourt to e h C b beexctlsed from jury

excused from serving as a juror at that trial by reason of ^service.

tbe nature of the evidence to be given or the issue to be tried, and the Court may excuse her from serving accordingly.

27. Section 66 of the principal Act is amended by striking out the word "man" therein and inserting in lieu thereof the word "person'~.

28. Section 69 of the principal Act is amended by striking out the word "'men" (wherever occurring) therein and inserting in lieu thereof in each case the word "persons".

29. Section 74 of the principal Act is amended by striking out the words "at the rates mentioned in the eighth schedule"

therein and inserting in lieu thereof the words "as provided by section 77 of this Act".

30. Section 78 of the principal Act is amended by striking out the word "man" in paragraphs (a) and (0) thereof and inserting in lieu thereof in each case the word "person".

31. Section 79 of the principal Act is amended hy striking out the word "man" (wherever occurring) therein and inserting in lieu thereof in each case the word "person".

B.66- Want of qualification a cause of challenge.

B.69- Tales.

Amendment of principal Act, s.74- Payment of jurors.

s.78·- Penalty for non-attendance of jurors.

8.79- Hnes may be remitted npon cause

ShOWD.

32. Section 80 of t~e principal Act is amended by: striking ~:neJ::t'T~t~f out the word "man" ¹¹¹paragraphs (e), (g), (h) and (~) thereof ^s.80-

d . rt' '}' th f . h h d " "Offences by

an mse mg In .leu ereo In eac case t e wor. person. Sheriff. ete.

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98

Amendment of principal Act,

•. 89- Rules of court.

third schedule.

Amendment of principal Act, fourth echedule.

Repeal of principal Act, eighth achedule.

1965. Juries Act Amendment Act, 1965.

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33. Section 89 of the principal Act is amended by striking out the passage "sections 85 and 86 of" therein .

34. The Third Schedule to the principal Act is amended-

(a) by striking out the line "Courts of Justice, Paid Judges of all, including Stipendiary Magistrates" in Part I thereof and inserting in lieu thereof the line "Courts of .J ustice, Judges and Magistrates of, and their wives" ;

(b) by inserting after the line "Notaries Public" in Part I thereof the line "Nurses, if actually practising";

(c) by inserting at the end of Part I thereof the line

"Women who are members of a religious order living in a convent or other religious community" ; and

(d) by striking out the words "Interstate Commission, Members of" in Part II thereof.

35. The "Fourth Schedule to the principal Act iF! amended by striking out the word "men" (wherever occurring) therein and inserting in lieu thereof in each case the word "persons".

36. The Eighth Schedule to the principal Act is repealed.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

EDRIC BASTYAN, Governor.